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1. Naera v Fenwick - Whakapoungakau 24 (2019) 205 Waiāriki MB 96 (205 WAR 96) [pdf, 330 KB]

   ...have been taken since the issue of that decision toward progressing the resource consent application necessary for the project to commence. That said, Mr Koning submitted that the likely steps were simply activities by the consent authority or responses thereto by way of reply. From that submission, I understand counsel to confirm that the injunction remains in force and properly observed.8 [9] Following that, a further judicial conference was held, and another decision was issue...

2. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...the Ministry’s invoicing and disbursements policies, which led to timely payment of accounts and a good working relationship with the Ministry. “Total quality performance to client and LSA. Practitioner has been efficient, helpful and fully responsive to all issues arising. No delays or pointless procedures.” Acceptable results Acceptable audits usually showed evidence of appropriate and reasonable invoicing, supported by a good timekeeping system. Usually the value assessment w...

3. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...above, and by his sending Ms Saywood a blank sale and purchase agreement. [19] Ms Paterson accepted that there were no aggravating factors of Mr Cartwright’s conduct that would elevate its seriousness, and that a guilty plea, accepting responsibility for breaching his obligations, is a mitigating factor. She submitted that if the Tribunal’s earlier assessment of Mr Cartwright’s conduct as being at a lower level is accepted, a fine of $5,000, or one third of the maximum a...

4. Mitchell v Accident Compensation Corporation [2019] NZHRRT 29 [pdf, 206 KB]

   ...interview room where he sat alone for nine or ten minutes. The Tribunal understands that Mr Mitchell was waiting to talk to someone on the telephone 3 during this period. When Mr Mitchell finally spoke to someone, she asked him who he was. In response, Mr Mitchell stood up and tipped over the interview table and threw a chair against the wall. He was subsequently arrested and charged with an offence of wilful damage for which he was convicted. Mr Mitchell has never been convicted...

5. Evidence Brief: Drug Courts [pdf, 389 KB]

   ...mean that training and AOD certification are unimportant. Instead, it might indicate that the quality of these activities needs to improvexxiii. Treatment type: drug courts with treatment programmes that follow principles of Risk, Need and Responsivity (RNR) were more effective at reducing recidivism. These principles propose that an offender's risk level, criminal risk factors and personal characteristics should determine the level and type of treatment they receivexxi...

6. [2021] NZEnvC 021 Royal Forest & Bird Protections Society Incorporated v Northland Regional Council [pdf, 1.3 MB]

   ...applications had been denounced in the Superior Courts as not avoiding adverse effects on priority matters under the NZCPS (Policies 11, 16 and 15). [18] In this regard it is clear that the Northland Regional Plan takes a graded approach in its response to avoiding adverse effects within an SEA, ranging from controlled to discretionary and non-complying depending on circumstance. By way of summary: unlawful public road reclamation in the coastal marine area used for a public road...

7. Cranstone - Kauangaroa No 2 (2017) 366 Aotea MB 250 (366 AOT 250) [pdf, 318 KB]

   ...trust or appointment but until then this consideration is not determinative. [53] It may be that a process of nominating descendants of original trustees has occurred informally in the past however it remains, at the present time, the Court’s responsibility for the appointment of trustees. The owners can nominate but it is the Court that must make an assessment, considering whether the trustee would be broadly acceptable to the beneficiaries and the suitability of the persons nom...

8. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...plaintiffs initially believed that they were being employed validly by corporate entities established by Mr Michaels. It soon became apparent to them, however, that use of the companies by Mr Michaels in this way was for the purposes of avoiding legal responsibility not only to the employees but also to commercial creditors. Principles applying [19] The principles applying to situations where the corporate veil will be pierced or lifted are now well established. As stated in B...

9. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [pdf, 272 KB]

   ...form of retraining on this topic. [26] Ms Li accepts that a financial sanction is likely. She is prepared to pay, but points out the recent diminution in the level of her business income of some 30 per cent during the period of the COVID-19 response. The Authority has recommended a fine in the order of $3,000, which would not be unreasonable, but it is submitted that any compensation which Ms Li may be ordered to pay should inform the level of the fine. [27] There is an affi...

10. [2020] NZEnvC 164 Trustees of the BA Freeman Family Trust v Waimakariri District Council.pdf [pdf, 581 KB]

    ...Council's understanding that the Trustees proposed that the subdivision's stormwater management design would be in accordance with the District Council's requirements, which included the piping of McIntosh Drain.6 [8] A report prepared in response to the application by District Council engineer, Mr G Stowell, records that the District Council would require Parsonage Road to be widened and urbanised7 and that it would contribute 50% of the cost of the urbanisation works,...